Working without a permit: liability for installing and servicing fire automation systems in Kazakhstan
Installation, commissioning and maintenance of fire automation systems in Kazakhstan are now a permitted activity. Working without a permit from the Ministry of Emergency Situations is an administrative offence with a fine of up to 500 MCI. With large income or damage it becomes a criminal case punishable by up to five years of imprisonment.
For a long time any contractor with electricians and a set of tools could enter the market. In 2025 the legislator changed this. Article 66-3 was added to the Law on Civil Protection, the Ministry of Emergency Situations approved permit requirements, and the Fire Safety Rules were supplemented with a direct reference to the permit. Below we look at what exactly is required, what working without a permit leads to and why the issue concerns not only contractors but also facility owners.
All amounts in the article are recalculated at the 2026 monthly calculation index (MCI) of 4,325 ₸.
The criminal article does not require a repeat offence: large income or damage is enough on the very first violation. A fire at a serviced facility can lead to the most severe consequences at any step.
What has changed in the law
The permit requirement is set out in four acts at once, from the law to the Fire Safety Rules.
| Act | What it establishes |
|---|---|
| Law on Civil Protection, Art. 66-3 | The activity may be carried out only with a permit from the Ministry of Emergency Situations. The article was added by Law No. 196-VIII of 24.06.2025 |
| Law on Permits and Notifications, Annex 2, item 87-19 | The permit is classified as a second-category permit (class 1, for an activity) |
| Ministry of Emergency Situations order No. 322 of 14.08.2025 | Permit requirements for sole proprietors and legal entities |
| Ministry of Emergency Situations order No. 580 of 31.12.2025 | New wording of Chapter 2 of the Fire Safety Rules: clause 63-1 on the permit, clause 70 on documents kept at the facility |
An important detail: this is not a licence but a second-category permit. This determines which sanctions apply: for example, confiscation of income under Art. 463 of the Administrative Code applies only to working without a licence.
Article 66-3 came into force 60 days after the law was published, and order No. 322 60 days after its own publication, that is, in autumn 2025. Law No. 196-VIII provides no separate transition period for organisations already operating. An application can be filed through the public service on eGov.
What it takes to obtain a permit
Permits are issued only to sole proprietors and legal entities that meet the three requirements of order No. 322. A private individual without registration cannot obtain one at all.
- People. At least three staff specialists with an electrical safety group of at least III. Each must have relevant education and experience in installing, commissioning and maintaining electrical equipment:
- higher technical education, experience from 3 years;
- technical and vocational education, experience from 5 years;
- specialities: fire safety, automation and control, power engineering and power supply, radio engineering and telecommunications, computer engineering, mechatronics and others from a closed list.
- Premises. A building or premises owned or held on another legal basis, for example leased.
- Measuring instruments. Verified instruments for 20 quantities, from voltage and resistance to sound level, oxygen concentration, water pressure, smoke control air flow, pressure difference in stairwells and attenuation in optical fibre. The instruments must comply with the Law on Ensuring the Uniformity of Measurements.
These requirements must be met at all times, not only on the day the application is filed. The dismissal of one of the three specialists or an overdue instrument verification already means non-compliance with the permit requirements.
Administrative liability of the contractor
Working without a permit is punishable under Art. 463 of the Administrative Code of Kazakhstan “Engaging in entrepreneurial activity… without the relevant registration, permit…”. The fine depends on who committed the violation and whether it is repeated.
| Offender | First time (part 1) | Repeated within a year (part 2) |
|---|---|---|
| Individual | 15 MCI ≈ 65 thousand ₸ | 30 MCI ≈ 130 thousand ₸ |
| Official, small business | 25 MCI ≈ 108 thousand ₸ | 50 MCI ≈ 216 thousand ₸ |
| Medium business | 40 MCI ≈ 173 thousand ₸ | 80 MCI ≈ 346 thousand ₸ |
| Large business | 150 MCI ≈ 649 thousand ₸ | 500 MCI ≈ 2.16 million ₸ |
The fine may be accompanied by confiscation of the items and instruments of the offence, in practice instruments and tools. The report is drawn up by the Ministry of Emergency Situations as the authority issuing second-category permits (Art. 804 of the Administrative Code), and the case is heard by a court (Art. 684 of the Administrative Code).
If there is a permit but the requirements are not met
For this case there is Art. 464 of the Administrative Code “Violation of licensing or permit procedures”. Clause 4 of Art. 66-3 of the Law on Civil Protection refers to it directly.
| Offender | Non-compliance with requirements (part 1) | Repeated, false information, failure to remedy (part 2) |
|---|---|---|
| Individual | 15 MCI ≈ 65 thousand ₸ | 40 MCI ≈ 173 thousand ₸ |
| Small business | 45 MCI ≈ 195 thousand ₸ | 100 MCI ≈ 433 thousand ₸ |
| Medium business | 80 MCI ≈ 346 thousand ₸ | 150 MCI ≈ 649 thousand ₸ |
| Large business | 150 MCI ≈ 649 thousand ₸ | 300 MCI ≈ 1.3 million ₸ |
| In addition | Suspension of the permit | Revocation of the permit |
Revocation of the permit is the most serious consequence: the organisation loses the right to perform all its current installation and maintenance contracts.
When criminal liability applies
Working without a permit becomes a crime when income or damage exceeds the thresholds of the Criminal Code. Art. 214 of the Criminal Code “Illegal entrepreneurship” directly covers activity “in violation of the legislation on permits and notifications”. The thresholds are set in Art. 3 of the Criminal Code.
| Criterion | Threshold | In tenge (2026) |
|---|---|---|
| Large income | over 10,000 MCI | from 43.25 million ₸ |
| Especially large income | over 20,000 MCI | from 86.5 million ₸ |
| Large damage to a citizen | 2,000 MCI | 8.65 million ₸ |
| Large damage to an organisation or the state | 10,000 MCI | 43.25 million ₸ |
Penalties under Art. 214 of the Criminal Code:
- part 1 (large income or large damage): a fine of up to 2,000 MCI (≈ 8.65 million ₸), correctional labour, community service of up to 600 hours, restriction or deprivation of liberty for up to 2 years, with or without confiscation of property;
- part 2 (especially large income, a criminal group or repeated offences): a fine of up to 5,000 MCI (≈ 21.6 million ₸) or restriction or deprivation of liberty for up to 5 years, with confiscation of property.
A person who commits an act under part 1 for the first time and voluntarily compensates the damage is released from criminal liability. For an installation company the 43 million ₸ threshold can hardly be called unreachable: it is just a few large facilities or a year of service contracts across a network of facilities. In court practice “income” is usually understood as revenue, not profit; this is best clarified with a lawyer.
If a fire occurs at the facility
The most severe consequences arise when the system fails during a fire. Clause 3 of Art. 66-3 of the Law on Civil Protection says directly: if after a fire the system turns out to be inoperative or not compliant with the design through the contractor’s fault, the contractor bears the liability established by law.
In cases of harm to health, death or large damage, the following articles of the Criminal Code apply:
| Criminal Code article | Offence | Maximum penalty |
|---|---|---|
| 292 | Violation of fire safety requirements by a person responsible for compliance | up to 3 years for harm to health or large damage; 2–7 years for the death of a person; 5–10 years for the death of two or more |
| 306 | Performing work or providing services that do not meet safety requirements | up to 5 years for harm to the health of two or more persons; 4–8 years for the death of a person |
The absence of a permit does not in itself prove guilt for a fire. But in such a case it will show that the contractor knowingly worked outside the established procedure, and it will seriously complicate the defence.
What the client risks
A facility owner who hired a contractor without a permit is itself violating the Fire Safety Rules. Since order No. 580 this follows from two clauses:
- clause 63-1: work is carried out only by organisations with a permit;
- clause 70: the facility manager keeps a copy of the contract with such an organisation, the acceptance certificate, the list of installed equipment, the maintenance schedule and the operating log.
Art. 410 of the Administrative Code provides for violations of fire safety requirements. Cases under it are heard by the Ministry of Emergency Situations inspectors themselves (Art. 686 of the Administrative Code).
| Offender | First time (part 1) | Repeated (part 2) | Resulted in a fire with harm or damage (part 3) |
|---|---|---|---|
| Individual | warning or 5 MCI | 10 MCI | 10 MCI |
| Official, small business | warning or 15 MCI | 20 MCI | 20 MCI |
| Medium business | warning or 50 MCI | 100 MCI | 200 MCI |
| Large business | warning or 150 MCI | 250 MCI | 300 MCI |
The fine is not the client’s main risk. An inspection may not recognise documents signed by an organisation without a permit. Then installation or maintenance will have to be redone with a proper contractor, and in the event of a fire the client’s officials may face Art. 292 of the Criminal Code.
Checklist
The rule for both parties is simple: no permit, no contract for installation, commissioning or maintenance.
For the contractor
- Obtain a permit before signing the first contract, including subcontracted work
- Keep at least three specialists on staff with a margin for turnover and track the deadlines for electrical safety knowledge tests
- Keep a verification schedule for all measuring instruments on the list in order No. 322
- Keep documents for the premises (ownership or a valid lease)
- State the permit details in contracts, acceptance certificates and operating logs
- Respond to information from the Ministry of Emergency Situations about violations at a serviced facility (clause 2 of Art. 66-3) and record the measures taken
For the client
- Check the contractor’s permit before signing the contract
- Attach a copy of the permit to the contract and keep it with the documents required by clause 70 of the Rules
- Appoint by order a person responsible for operating the systems (clause 64)
- Include in the contract the contractor’s obligation to report suspension or termination of the permit
- Recheck the permit when extending the maintenance contract and before the technical inspection every 5 years (clause 74)
Legal framework
- Law of Kazakhstan on Civil Protection No. 188-V, Art. 12 (items 88, 89), Art. 66-3
- Law of Kazakhstan No. 196-VIII of 24.06.2025 on civil protection issues
- Law of Kazakhstan on Permits and Notifications No. 202-V, Annex 2, item 87-19
- Ministry of Emergency Situations order No. 322 of 14.08.2025: permit requirements
- Ministry of Emergency Situations order No. 580 of 31.12.2025: amendments to the Fire Safety Rules
- Code of Administrative Offences of Kazakhstan, Art. 410, 463, 464, 684, 686, 804
- Criminal Code of Kazakhstan, Art. 3, 214, 292, 306
- Public service “Issuing a permit for installation, commissioning and maintenance of fire automation systems” on eGov
- MCI for 2026: 4,325 ₸ (Tengrinews)
The wording of the acts was checked in the Adilet legal information system as of the article date. The article is for educational purposes and is not legal advice: for a specific situation, consult a lawyer.